New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Acc bar s 317
  • 5 Jul 2017

    MCGOUGAN v DEPUY INTERNATIONAL LIMITED [2017] NZHC 1534

    Citation
    [2017] NZHC 1534
    Court
    High Court

    The Court held s 317 of the Accident Compensation Act 2001 bars claims for compensatory damages in New Zealand courts that arise directly or indirectly out of personal injury covered by ACC even where the impugned conduct occurred overseas; 25 of the plaintiffs were estopped or their claims would constitute an abuse of process due to their connection to the Allen (No.2) proceedings; on costs the Court classified preparation and hearings as requiring category 3 skill but excluded specified items, applied hybrid 2B/3B calculation, reduced preparation days, allowed a one third reduction for publ…